MPEP § 608.02(g) — Illustration of Prior Art (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 608.02(g), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Illustration of Prior Art
This section addresses Illustration of Prior Art.
Key Rules
Exceptions & Carve-Outs (1)
Figures showing the prior art are usually unnecessary and should be canceled. Ex parte Elliott, 1904 C.D. 103, 109 OG 1337 (Comm’r Pat. 1904). However, where needed to understand applicant’s invention, they may be retained if designated by a legend such as “Prior Art.”
Permitted Actions (1)
If the prior art figure is not labeled, form paragraph 6.36.01 may be used.
Citations
| Primary topic | Citation |
|---|---|
| – | Form Paragraph § 6.36.01 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 608.02(g) — Illustration of Prior Art
Source: USPTO608.02(g) Illustration of Prior Art [R-08.2012]
Figures showing the prior art are usually unnecessary and should be canceled. Ex parte Elliott, 1904 C.D. 103, 109 OG 1337 (Comm’r Pat. 1904). However, where needed to understand applicant’s invention, they may be retained if designated by a legend such as “Prior Art.”
If the prior art figure is not labeled, form paragraph 6.36.01 may be used.
¶ 6.36.01 Illustration of “Prior Art”
Figure [1] should be designated by a legend such as –Prior Art– because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.